{"id":"full_commission-G802123-2023-06-29","awcc_number":"G802123","decision_date":"2023-06-29","opinion_type":"full_commission","claimant_name":"Francine Murphy","employer_name":"Arkansas Department Of Corrections","title":"MURPHY VS. ARKANSAS DEPARTMENT OF CORRECTIONS AWCC# G802123 JUNE 29, 2023","outcome":"denied","outcome_keywords":["denied:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Murphy_Francine_G802123_20230629.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Murphy_Francine_G802123_20230629.pdf","text_length":2603,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n \nCLAIM NO.  G802123 \n \nFRANCINE MURPHY, \nEMPLOYEE \n \nCLAIMANT \nARKANSAS DEPARTMENT OF CORRECTIONS,  \nEMPLOYER \n \nRESPONDENT \nPUBLIC EMPLOYEE CLAIMS DIVSION, \nINSURANCE CARRIER/TPA \n \nDEATH & PERMANENT TOTAL \nDISABILITY TRUST FUND \nRESPONDENT NO. 1 \n \n \nRESPONDENT NO. 2 \n  \n      \nOPINION FILED JUNE 29, 2023  \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE LAURA BETH YORK, Attorney \nat Law, Little Rock, Arkansas. \n \nRespondents No. 1 represented by the HONORABLE CHARLES H. \nMcLEMORE, JR., Attorney at Law, Little Rock, Arkansas. \n \nRespondents No. 2 represented by the HONORABLE DAVID L. PAKE, \nAttorney at Law, Little Rock, Arkansas. \n \n ORDER \n Respondent No. 1 moves the Full Commission to reconsider our \nopinion filed March 17, 2023.  The claimant does not reply.  The Full \nCommission grants Respondent No. 1’s motion. \n The parties stipulated that the claimant sustained compensable \ninjuries to her head and left eye on March 17, 2018.  The claimant testified \nthat the respondents eventually “accepted 100% loss” of the claimant’s left \neye.  Respondent No. 1 implicitly states that it paid benefits in accordance \nwith Ark. Code Ann. §11-9-521(c)(1)(Repl. 2012):  “Compensation for the \n\nMURPHY - G802123  2\n  \n \n \npermanent loss of eighty percent (80%) or more of the vision of an eye shall \nbe the same as for the loss of an eye.”   \n Respondent No. 1 states that the Full Commission erred in awarding \na 32% permanent anatomical impairment rating assigned by Dr. Baskin.  \nWe agree.  The respondents shall not be liable for the 32% rating assessed \nby Dr. Baskin.  Respondent No. 1 shall remain liable for the award of \n$1,500.00 for facial disfigurement in accordance with Ark. Code Ann. §11-9-\n524(Repl. 2012).  Facial disfigurement is separate and distinct from \npermanent anatomical impairment.  Little Rock Ambulance Authority v. \nBinkley, 2022 Ark. App. 229, 646 S.W.3d 193.   \n   The Full Commission therefore grants Respondent No. 1’s motion \nfor reconsideration.  Because the claimant did not prove she was \npermanently totally disabled, the respondents’ liability for permanent \nanatomical impairment shall be limited to the schedule of Ark. Code Ann. \n§11-9-521(c)(1)(Repl. 2012). \n IT IS SO ORDERED.   \n \n    ___________________________________ \n    SCOTTY DALE DOUTHIT, Chairman \n \n    ___________________________________ \n    M. SCOTT WILLHITE, Commissioner \n \n    ___________________________________ \n    MICHAEL R. MAYTON, Commissioner","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G802123 FRANCINE MURPHY, EMPLOYEE CLAIMANT ARKANSAS DEPARTMENT OF CORRECTIONS, EMPLOYER RESPONDENT PUBLIC EMPLOYEE CLAIMS DIVSION, INSURANCE CARRIER/TPA DEATH & PERMANENT TOTAL DISABILITY TRUST FUND","fetched_at":"2026-05-19T22:29:46.349Z","links":{"html":"/opinions/full_commission-G802123-2023-06-29","pdf":"https://labor.arkansas.gov/wp-content/uploads/Murphy_Francine_G802123_20230629.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}